MedTech

Patenting Surgical Robotics Inventions: The Key Drafting Considerations Following T 0944/15

  The European Patent Office (EPO), like many jurisdictions, does not allow patents in respect of methods for medical treatment, the overriding principle being to “prevent non-commercial and non-industrial medical and veterinary activities from being restrained by patent rights”. However, this exclusion has generally been construed narrowly in that: (1)...

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New UKIPO “IP Access” Fund. Up to £5,000 Intellectual Property Grant Available for SMEs

As part of the UK Government’s strategy to rebound the economy through the success of knowledge-led high skill businesses, the UK Intellectual Property Office (UKIPO) has launched a new IP Access fund as an extension of the existing IP Audit Plus programme. This new fund, which offers grants of up...

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T 0944/15: Significant Implications for the Patentability of Computer-Aided Surgery and Therapy Inventions?

Case Law Update – T 0944/15 : the EPO can look beyond the claimed features when assessing the medical method exclusion In a recent Board of Appeal decision, T 0944/15, the Board applied the exclusion on patenting medical methods in a way that could have significant implications for those seeking...

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An improved diagnostic tool isn’t necessarily a technical contribution

The UK IPO’s recent refusal of an application by Ventana Medical Systems sheds some light on the nuanced question of what is considered to constitute a technical contribution when applying the Aerotel test for excluded subject matter. Ventana had filed a patent application describing a way of presenting digital images...

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